Appeal Court rules against CDS to remove soldier's injunction

THE Chief of Defence Staff (CDS) has failed in his attempt to proceed with disciplinary action against a lance corporal in the army.

On July 8, Justice Maria Wilson dismissed an application by the CDS to appeal an injunction granted by the High Court in May which put a temporary hold on disciplinary proceedings against Lance Corporal Kevon Mayers on allegations of desertion, being absent without leave, disobedience, and two others. Mayers was advised by a senior officer he had to account for 48 hours and submit a defence.

In the injunction application, Mayers’ attorneys Saddam Hosein and Samantha Singh-Poona argued that their client had provided certified medical reports and sick leave certificates to account for every day of his absence.

The injunction application also contended his attorneys were not able to communicate with him in breach of his rights and he had been placed on “closed arrest” which means he was confirmed to a cell at Camp Cumuto. Justice Kevin Ramcharan granted the injunction on May 2 and indicated he would rule on Mayers’s judicial review application on July 15.

The State filed a procedural appeal on May 14 challenging Rahim’s interim order.

However, before the Appeal Court, Mayers’s attorneys argued the State failed to file submissions in support of the procedural appeal so its application for relief from sanctions should not be granted. Hosein also argued that since the appellant failed to file submissions in time, the appeal stood dismissed.

In reply, the State said the failure to file submissions in support of its procedural appeal was not intentional and the delay was only three days, not weeks or months.

The State also argued it was committed to the appeal because of the impact the injunction had on the disciplinary structure of the Defence Force.

Wilson ruled against the State’s application for relief from sanctions. As a result, the State’s appeal stands dismissed.

Senior Counsel Gregory Delzin, Stefan Jaikaran and Lianne Thomas represented the State.